RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

CRIMINAL RULES

Rule 2.2-A. Multiple representation of criminal defendants.

An attorney shall not be permitted to represent more than one criminal defendant at the same trial unless counsel and the trial court have established a record, in accordance with this rule, that indicates convincingly that the potential for conflict is very slight. An attorney shall have an affirmative duty to immediately notify the court in all cases involving multiple representation.

Counsel shall, upon commencement of representation, investigate the possibility of conflict of interest between clients and discuss that possibility with each client. If counsel determines
that conflict is highly unlikely and that counsel may therefore continue to represent each client, the Court shall be so notified and shall promptly convene a hearing at which the relevant facts shall be made a part of the record, which may be a mechanical record on tape. Such record shall include evidence of counsel's discussion of the matter with each client, evidence of each client's informed consent to multiple representation based on the client's understanding that the client is entitled to independent counsel, and either a written or oral waiver by each client of any conflict arising from the multiple representation.